Research On The Mechanism Of Road Traffic Accident Damage Sharing

Today's society is a society full of technology,knowledge and wealth,but also a risk society.While the industrial revolution and the scientific and technological revolution have greatly increased social wealth,they have also brought with them huge risks and hidden dangers.If an accident occurs,people will die and social wealth will be lost.In the field of road traffic accidents,the traditional tort law has failed to folly realize its function of compensating the victims by means of "relative" tort compensation,and the victims often cannot get adequate relief.The establishment of liability insurance and social relief fund has strengthened the compensation function of tort law,but it has also caused a certain impact on the principles and specific rules of traditional tort law.Under the background of risk soeiety,the judgment system should be based on whether the victims can get timely and sufficient relief and whether they can disperse risks and share losses in a timely manner.Afler all,in the field of accident damage,almost no system operates in a significantly isolated way,so it i5 imperative to establish and improve the accident damage sharing mechanism.In the case of the coexistence of various relief systems,it is necessary to clarify the relationship between tort law,liability insurance and social relief funds and their respective roles and functions,focus on solving the conflicts and contradictions among various relief systems,and put forward Suggestions on improving the specific system of damage sharing.Taking tort law as the main line,this paper starts with the evolution and current situation of China's road traffic accident damage sharing system,analyzes the influence and conflict among various relief systems,and based on the change of social risk sharing theory and values,probes into the construction and improvement of damage sharing mechanism.The first part of this paper mainly introduces the history and current situation of China's road traffic accident damage sharing mechanism.From a vertical perspective,it can be divided into three stages,from the first stage with mediation as the main solution,to the second stage with traffic police administrative law enforcement as the leading solution,to the third stage with civil litigation as the leading diversified dispute resolution.Now we are at the third stage,from the point of horizontal,the phase to solve the road traffie accident is mainly has three big system,tort damages system,system of liability insurance,social relief fund system,three kinds of system all have clear legal provisions and have their unique features,they cooperate with each other,constitute the sharing mechanism of road traffic accident damage.The second part discusses the conflicts between the damage sharing systems of road traffic accidents.Taking tort law as the main line,this paper analyzes the conflicts caused by the establishment of liability insurance and social relief fund to tort law.The conflict between liability insurance and tort law is mainly reflected in two aspects:function conflict and liability conflict.The conflict between social relief fund and tort law is mainly reflected in three aspects:function conflict,compensation principle conflict and imputation principle conflict.The third part focuses on the analysis of road traffic accident damage sharing mechanism coordination basis.This paper mainly discusses the premise and value basis of damage sharing mechanism coordination.The premise of coordination is to take the theory of social risk sharing as the basis,identify the objectives of damage sharing mechanism,and make clear the choice and change of values of countries in the field of damage sharing,so as to provide theoretical guidance and value basis for the following discussion on how to improve the specific system of damage sharing in China.The fourth part mainly discusses the improvement and future of road traffic accident damage sharing mechanism.From the three aspects of tort damage compensation system,liability insurance system and social relief fund system,this paper puts forward specific Suggestions on the improvement of specific systems and the interaction between the systems.